4507.071
Probationary license - restrictions - violations.

(A)
The registrar
of motor vehicles or any deputy registrar shall not issue a driver's
license to any person
under eighteen years of age, except that the registrar
or a deputy registrar may issue a probationary license
to a person who is at least
sixteen years of age and has held a temporary instruction permit for a period
of at least six months.

(a)
No holder of a probationary driver's license who has held
the license for less than twelve months shall operate
a motor vehicle upon a highway or any public or private property used by the
public for purposes of vehicular travel or parking between the hours of
midnight and six a.m. unless the holder is accompanied by the holder's parent
or guardian.

(b)
No
holder of a probationary driver's license who has held the license
for twelve months or longer shall operate a motor vehicle upon a highway
or any public or private property used by the public for purposes of vehicular
travel or parking between the hours of one a.m. and five a.m. unless the holder
is accompanied by the holder's parent or guardian.

(a)
Subject to division (D)(1) of this
section, division (B)(1)(a) of this section does not apply to the holder of a
probationary driver's license who is doing either of
the following:

(i)
Traveling to or from work between the hours of
midnight and six a.m. , provided that the
holder has in the holder's immediate possession written documentation
from the holder's employer.

(ii)
Traveling to or from an official function sponsored by
the school the holder attends between the hours of midnight and six a.m.,
provided that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;

(iii)
Traveling to or from an official religious event
between the hours of midnight and six a.m., provided that the holder has in the
holder's immediate possession written documentation from an appropriate
official affiliated with the event.

(b)
Division (B)(1)(b) of this section does not apply to the holder of a
probationary driver's license who is doing either of
the following:

(i)
Traveling to or from work between the hours of
one a.m. and five a.m. , provided that the holder has in the holder's
immediate possession written documentation from the holder's
employer.

(ii)
Traveling to or from an official function sponsored by
the school the holder attends between the hours of one a.m. and five a.m.,
provided that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;

(iii)
Traveling to or from an official religious event
between the hours of one a.m. and five a.m., provided that the holder has in
the holder's immediate possession written documentation from an appropriate
official affiliated with the event.

(3)
An employer, school official, or official affiliated
with a religious event is not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises from, or is
related to, the fact that the employer, school
official, or official affiliated with a religious event provided
the holder of a
probationary driver's license with the written documentation described in
division (B)(2) of this section.

The registrar of
motor vehicles shall make available at no cost a form to serve as the written
documentation described in division (B)(2) of this section, and employers, school officials, officials affiliated with religious
events, and holders of probationary driver's licenses may utilize that
form or may choose to utilize any other written documentation to meet the
requirements of that division.

(4)
No holder of a probationary driver's license who has held the
license for less than twelve months shall operate a motor vehicle upon a
highway or any public or private property used by the public for purposes of
vehicular travel or parking with more than one person who is not a family
member occupying the vehicle unless the probationary license holder is
accompanied by the probationary license holder's parent, guardian, or
custodian.

(C)
It is an affirmative defense to a violation of division (B)(1)(a) or (b) of
this section if, at the time of the violation, an
emergency existed that required the holder of the
probationary driver's license to operate a motor vehicle in violation of
division (B)(1)(a) or (b) of this section or the holder was an emancipated
minor.

(1)
If a person is issued a
probationary driver's license prior to attaining the age of seventeen years and
the person pleads guilty to, is convicted of, or is adjudicated in juvenile
court of having committed a moving violation during the six-month period
commencing on the date on which the person is issued the probationary driver's
license, the court with jurisdiction over the violation
may order that the holder must be accompanied by the holder's parent or
guardian whenever the holder is operating a motor vehicle upon a highway or any
public or private property used by the public for purposes of vehicular travel
or parking

for a period not to exceed six months or the date the
holder attains the age of seventeen years, whichever occurs first.

(2)
Any
person who is subject to the operating restrictions established under division
(D)(1) of this section as a result of a first moving violation may petition the
court for
driving privileges without being accompanied by the holder's parent or guardian
during the period of time determined by the court under that division.
In
granting the driving privileges, the court shall specify the purposes of the privileges and shall
issue the person appropriate forms setting forth the privileges granted.
If a person is convicted of, pleads guilty to, or is
adjudicated in juvenile court of having committed a second or subsequent moving
violation, the court with jurisdiction over the
violation may terminate any driving privileges previously granted under
this division .

(3)
No person shall violate any operating restriction imposed
under division (D)(1) or (2) of this section.

(E)
No holder of a probationary license shall operate a motor vehicle upon a
highway or any public or private property used by the public for purposes of
vehicular travel or parking unless the total number of occupants of the vehicle
does not exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly adjusted
occupant restraining device.

(F)
A restricted license may be issued to a person who is fourteen or fifteen years
of age upon proof of hardship satisfactory to the registrar of motor
vehicles.

(G)
Notwithstanding any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being operated on any
street or highway to stop the motor vehicle for the sole purpose of determining
whether each occupant of the motor vehicle is wearing all of the available
elements of a properly adjusted occupant restraining device as required by
division (E) of this section, or for the sole purpose of issuing a ticket,
citation, or summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a prosecution of a person
for a violation of that requirement.

(H)
Notwithstanding any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being operated on any
street or highway to stop the motor vehicle for the sole purpose of determining
whether a violation of division (B)(1)(a) or (b) of this section has been or is
being committed or for the sole purpose of issuing a ticket, citation, or
summons for such a violation or for causing the arrest of or commencing a
prosecution of a person for such violation.

(e)
A
sibling, whether of the whole or half blood or by adoption, a brother-in-law,
or a sister-in-law;

(f)
A son or daughter of the probationary license holder's stepparent if the
stepparent has not adopted the probationary license holder;

(g)
An eligible adult, as defined in section
4507.05 of the Revised
Code.

(3)
"Moving
violation" means any violation of any statute or ordinance that regulates the
operation of vehicles, streetcars, or trackless trolleys on the highways or
streets. "Moving violation" does not include a violation of section
4513.263 of the Revised Code or
a substantially equivalent municipal ordinance, or a violation of any statute
or ordinance regulating pedestrians or the parking of vehicles, vehicle size or
load limitations, vehicle fitness requirements, or vehicle
registration.

(J)
Whoever violates division (B)(1) or (4), (D)(3), or (E) of this section is
guilty of a minor misdemeanor.